The tariff classification of infant convertible crib from China.

N097900 March 22, 2010 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9403.50.9040 Ricky Villena, CEO HLM Cargo Clearance Brokers, Inc. 8355 NW 74 Street Miami, FL 33166 RE: The tariff classification of infant convertible crib from China. Dear Mr. Villena: In your letter dated March 16, 2010, you requested, on behalf of Capretti Home, a tariff classification ruling. The Capretti Convertible Crib converts from a crib to a toddler bed. The item includes a toddler rail and full-sized conversion kit (side rails and platform). Illustrative literature portrays the crib and the toddler bed side by side, with the caption “with furniture that intelligently grows alongside your child, a small investment can last a lifetime.” The applicable subheading for the convertible crib will be 9403.50.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Wooden furniture of a kind used in the bedroom: Other; Other; Beds. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. Although infant cribs are excluded from the Amended Final Determination and Antidumping Order, message number 5033207 dated February 2, 2005, for Wooden Bedroom Furniture from China, no mention is made to convertible cribs, that which turns into toddler beds. The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”). This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Neil H. Levy at (646) 733-3036. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division